“S.C. deadliest state in nation in rate of women killed by men”
read the headline in The State Sept. 26. In 2001, 64 women in this
state died at the hands of an abusive man.
In the great majority of cases, the perpetrator had a known
history of battering, and, despite numerous contacts with law
enforcement and the judicial system, these women still died.
Domestic violence shelter staffers could fill the pages of this
paper with grisly stories of women injured and killed by abusive,
violent partners. More often than not, these victims had children,
now traumatized and forever affected by this terrible
experience.
In spite of current statutes to address family violence,
education for law enforcement officers, judges and victim advocates,
and the dedicated efforts of many of these professionals, women
continue to die. The Domestic Violence Prevention Act, passed in
2003, is a serious step in the right direction.
More must be done. Domestic violence must be taken seriously by
all officers, magistrates and judges, and they must exercise their
power to effectively intervene.
There is a significant body of research and an abundance of
anecdotal evidence confirming that domestic violence escalates over
time. What may begin as a threat or a shove, without effective
intervention, progresses in severity and brutality and ultimately
results in disabling injuries and, tragically, death.
Battering is not only a response to anger gone awry, but also a
way that men who believe that they have the right to “own” and
control their partner enforce their authority. It follows a
predictable pattern. Therefore, holding the batterer accountable
from the outset is the most significant and effective action that
must always be taken.
Instead, the reverse now is true. When domestic violence is first
reported, if any action is taken, it is most often a small fine
($500 or less) and, in some relatively rare cases, the batterer is
referred to counseling.
These cases are diminished by a judicial system that has
relegated many of them to the magistrate court level. Magistrate
Court, by its very nature, is limited in its power to intervene
effectively.
When cases of domestic violence are heard in Family Court,
well-meaning judges often do refer the couple to counseling.
However, standard marriage counseling is not appropriate for these
couples until the batterer has received specialized counseling. In
fact, marital therapy in certain situations can actually increase
the danger to the victim. Batterer treatment programs are available
in South Carolina; however, they are too few in number and pitifully
underfunded.
The weapon used to kill over one-third of the women who died in
2003 was a handgun. Research shows that lethality increases
significantly when there is a gun in the house. So removing guns
from the hands of abusers is another essential step in saving lives.
The federal law, which now mandates that guns be removed from
convicted domestic violence offenders, is not routinely enforced in
South Carolina. Legislation must be passed as a South Carolina
statute in order for this to happen.
This legislation has been introduced for the past three
legislative sessions; however, there has been no broad-based will by
the General Assembly to move forward with this initiative.
To stem this violence, major changes must be made in the way
these cases are handled — by the law enforcement system, the
judicial system and the community at large:
• ; Form specialized units of law
enforcement officers who understand the need for and have the skills
to implement an immediate and effective response to domestic
violence.
• ; Prohibit batterers from owning
guns.
• ; Continue to develop
specialized “Domestic Violence Courts” capable of mandating
appropriate counseling and/or incarceration and monitoring the
progress of families before the violence escalates to murderous
proportions.
• ; Provide appropriate training
for all judges. Their decisions in regard to domestic violence cases
can save or further endanger victims’ lives.
• ; Allocate adequate funds to
establish and develop batterer treatment programs.
• ; Continue to support the 13
state-funded domestic violence programs for victims across the state
and include services to children — often the forgotten victims in
these tragedies.
• ; Establish prevention programs
at the elementary, middle and high school level to teach non-violent
relationship skills.
• ; Organize and implement a
Domestic Homicide Fatality Review team to examine ways in which the
system may have failed the battered victim.
• ; For family and friends: When
acquaintances or family members report that their partner is
becoming abusive, by verbally threatening or actually beginning to
push, shove or otherwise physically abuse them, please resist the
temptation to minimize this behavior. Remember that domestic
violence follows a pattern and tends to become more severe over
time. Do not wait until the violence becomes lethal. Refer the
victim to one of the statewide shelter programs.
October is National Domestic Violence Awareness Month. In memory
of all the women who have been killed and in the name of all the
children who have been orphaned or injured this year by domestic
violence, we are hopeful that efforts to end it will not be limited
to this month.
Ms. Bourus is executive director of the South Carolina Coalition
Against Domestic Violence and Sexual Assault. Mr. Lourie represents
Richland County in the S.C. House.